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Cruelty or exhibition fighting shall be controlled by KRS Ch. 525.
(Prior Code, § 90.24) (Ord. 17-2000, passed 9-25-2000) Penalty, see § 90.99
No person shall raise or kill a dog or cat for food or the skin or fur.
(Prior Code, § 90.25) (Ord. 17-2000, passed 9-25-2000) Penalty, see § 90.99
Mutilation of animals shall be controlled by KRS Ch. 525.
(Prior Code, § 90.26) (Ord. 17-2000, passed 9-25-2000) Penalty, see § 90.99
Sexual acts with animals shall be controlled by KRS Ch. 525.
(Prior Code, § 90.27) (Ord. 17-2000, passed 9-25-2000) Penalty, see § 90.99
(A) Any animal found involved in a violation of any portion of this chapter may be confiscated by any County Dog Warden or peace officer and held in a humane manner. Upon conviction of this charge by a court of law, all animals so confiscated shall become the property of the county, and the owner of the animals shall pay to or reimburse the county all veterinary fees associated with medical treatment provided the animals while it was in custody.
(B) A County Dog Warden or peace officer shall be allowed reasonable access to inspect the property of anyone found guilty of violation of any of the provisions under this chapter.
(Prior Code, § 90.29) (Ord. 17-2000, passed 9-25-2000)
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADOPTION FEE. Remuneration to cover the cost of feeding, sheltering, surgical sterilization and providing care for an animal without profit.
ANIMAL RESCUE ORGANIZATION. A not-for-profit organization that has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of dogs or cats into permanent homes and that does not breed animals nor obtain animals in exchange for payment or compensation from any person that breeds or brokers animals.
ANIMAL SHELTER. Any facility used to house or contain animals, operated or maintained by a governmental body, Incorporated Humane Society, Animal Welfare Society, Society for the Prevention of Cruelty to Animals, Animal Rescue Organization or other nonprofit organization.
BREEDER. A person that maintains dogs or cats for the purpose of breeding and selling their offspring.
BROKER. A person that transfers dogs or cats for resale by another person.
CAT. Any member of the species Felis catus of any age.
COMMERCIAL ESTABLISHMENT. A business which is open to the public, whether by appointment or during reoccurring business hours, and that engages in a retail sale.
DOG. Any member of the species Canis lupus familiaris, or any genetic hybridization thereof of any age.
PUBLIC COMMON AREA. An outdoor area open to the public such as parks or recreation areas.
PUBLIC THOROUGHFARE, PUBLIC COMMON AREA, AND FLEA MARKETS SALES. The sale or transfer, offer for sale or transfer, auction, barter, display, advertisement for sale or otherwise disposing of any live dog or cat on any public thoroughfare, public common area, roadside area, in any parking lot or in any flea markets, to any member of the public.
RETAIL PET SHOP. A for-profit establishment open to the public that sells, or offers for sale, food, supplies, or animals to be kept as household pets.
RETAIL SALE. The auction, order, display for sale, offer for sale, or selling of any dog or cat.
(B) Prohibitions.
(1) It shall be unlawful for any retail pet shop or commercial establishment to engage in the retail sale of a dog or cat of any age.
(2) It shall be unlawful for any person to engage in the retail sale of the dog or cat of any age from a public thoroughfare, public common area, or flea market.
(3) It shall be unlawful for any retail pet shop or commercial establishment to collaborate to showcase dogs or cats of any age with any entity which is affiliated with, or is housed on the premises of a breeder or broker; obtain dogs or cats from a breeder or broker in exchange for payment or compensation; or resell dogs or cats obtained from a breeder or broker and provide payment or compensation to such breeder or broker.
(C) Adoptions allowed.
(1) Nothing in this section shall be construed to prohibit a retail pet shop or commercial establishment from collaborating with any animal shelter or rescue to provide space to showcase dogs or cats for the purpose of adoption, to include collection of an adoption fee. In such event signage shall reflect the name of the animal shelter or rescue from which the animal was obtained. Animal control officers may periodically require retail pet shops and commercial establishments to provide access to these records.
(2) Nothing in this section shall be construed to prohibit any animal shelter or rescue from holding adoption events in public thoroughfares, public common areas or flea markets, retail pet shops, commercial establishments or animal shelter or rescue premises.
(Ord. 23-2021, passed 10-18-2021)
(A) The enforcing agency, department or individual may choose to seek enforcement through the Code Enforcement Board enacted on 4-30-2003 by Ord. 09-2003.
(B) Any person violating this chapter shall be punished by a fine of not less than $50, nor more than $200, or be imprisonment in the county jail for not less than ten, nor more than 60 days, or by both fine and imprisonment. Every day a violation continues shall constitute a separate offense.
(C) (1) Any person found guilty of violating the provisions of this chapter concerning owning a vicious dog, in addition to the penalties imposed, may be required by a District Court Judge to have the dog humanely euthanized if, in the opinion of that Judge, that the severity of the attack warrants such action.
(2) Any person found guilty of violating the provisions of this chapter concerning owning a potentially vicious dog or vicious dog shall be fined not less than $250 and shall have the dog spayed or neutered within seven days of that finding. Proof of the surgery must be provided to the citing agency within 24 hours of its performance.
(3) Any person found guilty of violating the provisions of this chapter concerning owning a potentially vicious dog or a vicious dog, in addition to any other penalties or stipulations imposed, shall within seven days of that finding also have the dog implanted with a microchip identification. Within seven days of that implantation, the owner shall present the animal to the Division of scanning and verification of the microchip and identification number.
(4) In addition to any penalties and/or stipulations imposed, anyone convicted of violations of §§ 90.17, 90.18, 90.23 and 90.24 of this chapter may also be required to relinquish ownership of the animal(s) to the county’s Dog Warden immediately upon conviction, and said animal may be humanely euthanized according to the standard of procedures followed by the county’s Dog Warden.
(D) Any owner, custodian, possessor or harborer which violates this chapter shall be fined not less than $25, nor more than $500, for the first offense and not less than $100, nor more than $500, for each subsequent offense, plus applicable court costs.
(E) (1) Any corporation who violates § 90.30 shall be subject to a Class B Misdemeanor criminal penalty of $5,000 or double the amount of the corporation's gain from commission of the offense, whichever is greater. Each animal offered for sale in violation of § 90.30 shall constitute a separate violation.
(2) Any person who violates § 90.30 shall be subject to a Class B Misdemeanor criminal penalty of $250 or a term of imprisonment not exceeding 90 days, or both. Each animal offered for sale in violation of § 90.30 shall constitute a separate violation.
(Prior Code, § 90.20) (Ord. 28, passed 12-4-1995; Ord. 17-2000, passed 9-25-2000; Ord. 29-2000, passed 12-18-2000; Ord. 19-2003, passed 6-23-2003; Ord. 23-2021, passed 10-18-2021)